Rajagopalan, J.-On 4th September, 1953, the Government of Madras, in the exercise of powers vested in it under section 7(i) of the Industrial Disputes Act (Act XIV of 1947), constituted a Special Industrial Tribunal to adjudicate the industrial disputes between the managements and workers of the Amalgamations Ltd., Madras, and its allied concerns, and appointed Mr. Justice Mack of the Madras High Court as the sole member of that Tribunal. The Tribunal gave its award on 8th February, 1954. By its order, dated 12th February, 1954, the Government of Madras directed the publication of that award, and the award was published in the Fort St. George Gazette on 17th February, 1954. Under section 17-A of the Industrial Disputes Act, 1947, that award became enforceable on the expiry of 30 days from the date of its publication. Section 20(3) of that Act provides:

"Proceedings before a Tribunal shall be deemed to have commenced on the date of the reference of a dispute for adjudication and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceable under section 17-A.".

With reference to a publication in "The Mail" on 5th April, 1954, Mr. Justice Mack issued a notice to Mr. Hayles, the Editor of "The Mail," on 6th April, 1954, which runs

"Proceedings of the Hon’ble Mr. Justice Mack, Industrial Tribunal, Madras.

Dated 6th April, 1954.

Subject.- Dispute between workers and managements of Amalgamations Limited, Madras, and its branches in the State.

Reference.-"The Mail" editorial with caption "He is right" in the edition of "The Mail" of the 5th of April, 1954.

A rule is issued against the Editor of "The Mail", Madras, to appear before the Tribunal, who adjudicated the dispute between the concerns of Amalgamations Limited (including "The Mail") and their workers, on Wednesday, the 14th April, 1954, sitting in the 4th Court at 10-45 A.M. and explain whether the portion of the Editorial in "The Mail" of the 5th April extracted infra related to the Tribunal’s adjudication of this dispute, and, if this be the case, to show cause why action should not be taken against the Editor of "The Mail" for such criticism in contempt of the Tribunal by a party to the dispute:

‘Occasionally, as happened recently in Madras, an adjudicator assumes that his task is to bring about some sort of mutual toleration in an industrial establishment, so he proceeds to seek evidence and opportunities that will assist him in his own conception of the sort of settlement he thinks desirable. In the end some sort of peace is patched up but it cannot endure. Neither side is satisfied and a new dispute begins brewing immediately the Tribunal has announced its finding however pacificatory the language thereof may be’.

(Sd.) E.E. Mack,

Industrial Tribunal.

To the Editor, “The Mail”, Mount Road, Madras.

Copy to:

1. The Chairman, Amalgamations Limited, Mount Road, Madras.

2. The Secretary, Simpson &38; Group Companies Workers’ Union, Mount, Road. Madras."

In response to this notice, Mr. Hayles appeared before Mr. Justice Mack on 14th April, 1954, with Sri Govind Swaminathan as counsel. A written statement was filed that day on behalf of Mr. Hayles which ran:

"Statement of Mr. A.A. Hayles, Editor of ‘Madras Mail.‘

I, A.A. Hayles, Director of Associated Publishers (Madras), Ltd., and Editor of ‘The Mail’, state as follows:

1. I have not committed contempt of any authority. I state with respect that the Hon’ble Mr. Justice Mack has no jurisdiction whatever to issue this rule and therefore it is illegal and incompetent.

2. The Hon’ble Mr. Justice Mack was constituted as a Tribunal by G.O. Ms. No. 4016 Development, dated 4th September, 1953, to adjudicate on disputes between the workers and Managements of various industrial concerns including ‘The Mail’. The said Tribunal delivered its award based on an agreement in respect of all the concerns on 8th February, 1954 and the award was published by G.O. Ms. No. 343, dated 12th February, 1954. After the date of the

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